Latest Cases

Practice – Pre-trial or post-judgment relief. The Queen's Bench Division in a case management decision dismissed the defendant's application to withdraw an admission of breach in its pleaded defence and allowed the claimant's application for an order debarring the defendant from relying on a report from their expert which was in breach of a court order. 

Arbitration – Practice. The Commercial Court allowed an application by the claimant companies to enforce a peremptory order against the defendant Kurdistan Regional Government of Iraq (KRG). The court held that jurisdiction existed to make the order, KRG did not have state immunity, and it was appropriate for the court to exercise its discretion. 

Sentencing – Rape – Oral penile penetration. High Court of Justiciary: Allowing an appeal against sentence by the Crown in the case of a respondent who was found guilty of orally raping a 14-year-old complainer, the daughter of his partner, and was sentenced to 3 years' imprisonment, the court held that the sentence was unduly lenient, as falling out with the range reasonably open to the trial judge, and it substituted a sentence of 5 years' imprisonment. 

Immigration – Deportation. The Court of Appeal, Civil Division, dismissed the Secretary of State's appeal against early revocation of a deportation order that had been made against the respondent foreign national. The Upper Tribunal (Immigration and Asylum Chamber) had been aware of, and had taken into account, all of the relevant aspects of the public interest in the deportation of foreign offenders and, on the evidence that had been before it, had reached a conclusion that had been open to it, namely that there were 'exceptional' circumstances. 

Criminal law – Threatening or abusive behaviour – Availability of defence of self-defence – Burden of proof. High Court of Justiciary: Refusing an appeal against conviction, the court held that a sheriff did not misdirect the jury when he told them that the special defence of self-defence had no relevance to a charge of behaving in a threatening or abusive manner under s 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010; s 38(2) did not impose a legal burden on an accused as opposed to an evidential one and the sheriff did misdirect the jury on that matter; however, as the appellant's behaviour could not, on any view, be characterised as having been reasonable, notwithstanding the misdirection there had been no miscarriage of justice. 

Disclosure and inspection of documents – Privilege. The Chancery Division considered two issues relating to privilege in the court of proceedings about the defendant bank's alleged misrepresentations in the course of selling LIBOR. 

Practice – Pre-trial or post-judgment relief. The Chancery Division dismissed the applicant's application for an interim injunction where the main proceedings were in Israel, where the balance of convenience laid against the grant of an injunction preventing the respondent from applying the net proceeds of sale of a property towards satisfaction of his obligations under a put option and where it was appropriate for any interim relief to be sought from the court seized of the main proceedings in Israel. 

Income tax – Assessment. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the appeals by the taxpayers against a decision of the First-tier Tribunal (Tax Chamber) (the FTT) to uphold discovery assessments made against them by the Revenue and Customs Commissioners. The tribunal decided that the FTT had erred in law by failing to address certain issues put before it. Accordingly, the FTT's decision would be set aside and the assessments reduced to zero. 

University – Student. The Administrative Court dismissed the claimant's application for judicial review of the defendant Office of the Independent Adjudicator's decision that his complaint about the termination of his registration as a medical student was not justified. It was not shown that the defendant's approach had been irrational. 

Income tax – Repayment. The Upper Tribunal (Tax and Chancery Chamber) (the tribunal) allowed the taxpayer's appeal against a decision of the First-tier Tribunal (Tax Chamber) to strike out her appeal against the rejection of her claim for repayment of overpaid income tax. The tribunal decided that s 118(2) of the Taxes Management Act 1970 applied to such a late claim making it a claim within Sch 1AB to that Act with the result that the enquiry, closure notice and appeal provisions of Sch 1A to the Act would apply.